While the jaundiced media loves to hate Kapil Mishra, the straightforward BJP leader who unapologetically fights for justice for wronged Hindus whose causes are never taken up by neither the so-called human rights activists nor the ‘secular’ political parties, he has yet again come forward to help a man named Vishnu Tiwari who lost his entire youth in jail for 20 long years due to fake complaint of rape and under the provisions of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989.

On 13.03.2021, a Public Interest Litigation (PIL) was filed by Bharatiya Janata Party (BJP) leader, Kapil Mishra through his lawyer, Ashwani Kumar Dubey before the Supreme Court seeking direction from the Supreme Court to frame guidelines and formulate a mechanism to take strict action and prosecute fake complainants which lead to endless legal harassment, wrongful imprisonment and human rights violation.

Kapil Mishra filed the PIL in the backdrop of Allahabad High Court’s judgement on January 28, 2021 declaring a rape convict, Vishnu Tiwari innocent, observing that the motive behind the FIR was related to a land dispute. Tiwari was reportedly arrested on September16, 2000 after being booked for rape and atrocities under the SC/ST Act and was in jail for 20 long years without bail.

Kapil Mishra, through his petition has brought to fore the need to address the urgent issue of having a set of guidelines and rules in place to deal with the menace of fake complainants and malicious prosecution which ruins the life and family of innocent people target of such fake complaints.

The problem exacerbates for victims of fake complaints when they come from poor or lower middle class families as they are condemned to rot in jail without bail during the endless wait for justice with the clogged judicial system playing a greater havoc.

Mishra through his petition sought framing of guidelines to pay adequate compensation to the victim of wrongful prosecutions and implement the recommendations of 277th Law Commission Report on miscarriage of justice.

Jailing an innocent man for 20 long years without any recourse for justice due to paucity of funds and a judicial system which favours only the well connected speaks volumes about the state of justice delivery system in India, where the judiciary works all night for jihadi and Maoist terrorists while oblivious to innocents rotting in jail.

The petition also sought a mechanism for speedy disposal of the cases pertaining to prosecutions under special acts and frame guidelines for deciding cases of under trial prisoners in a time-bound manner.

The petition also seeks framing of rules to release on bail poor prisoners who are victims of malicious and baseless prosecution and are unable to furnish the required sureties/bonds due to paucity of funds.

Advocate Dubey who filed the petition for Mishra said that, “The law is being misused and abused by filing fake and malicious complaints and no action is taken against the culprit in the absence of an effective statutory/legal scheme for providing mandatory compensatory relief”.

The petition also sought to prosecute fake and malicious complainants pertaining to special laws like the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 and fake sexual assault cases. The petition further sought framing of guidelines to to provide monetary benefits to the victims of such wrongful malicious prosecutions.

The petition seeks direction from the Supreme Court to prosecute persons framing innocent people in false cases leading to wrongful incarceration infringing the fundamental rights of the victims, guaranteed under Article 14 and 21 of the Constitution of India.

Kapil Mishra has again proved his mettle by taking initiative to put in place a systemic judicial and legal reform so that innocents do not suffer due to a biased ecosystem favouring a set of people as victims even when they are aggressors with malicious intentions.

The anti-Hindu and anti-India leftist media like Caravan, Wire, News Laundry, Print, and their global partners like BBC etc spew venom against Kapil Mishra as they can see his efforts at working towards building a systematic reform for the wrongs perpetrated in Indian society would eventually strengthen and unite the nation in the long run.

News Source: Hindustan Times, PIL filed by BJP’s Kapil Mishra in SC seeking compensation for man wrongfully convicted for life imprisonment under allegations of rape (sify.com)

Image Source: ANI

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